CAN I FIND OUT EXACTLY WHEN THE SHERIFF WILL …

1 WHAT IS A writ OF possession ? A writ of possession is a court order that tells the SHERIFF to put you, everythingyou own, and everyone in your household out of the place where you live. The writ gives you 24 hours to move out. The 24 hour time period startsfrom the time the writ of possession is posted on your door. If you havenot completely moved out by the time the SHERIFF comes back, the SHERIFF screw will move you, your family and all your belongings from your home. This is called Execution of the writ . The SHERIFF s crew will move you outeven if someone is sick, pregnant, or you have another good reason why you don t thinkyou must leave your home. CAN I FIND OUT EXACTLY WHEN THE SHERIFF WILL RETURN TO PUT ME OUT?Sometimes the SHERIFF s Department gets behind and does not return exactly24 hours after posting the writ of possession . If you want to get an idea ofwhen the SHERIFF will return to move you out, call SHERIFF Service s at 305-375-5100.

2 Tell them that a writ of possession was served on you or posted onyour door. Be prepared to give them your case number. You will then begiven an estimate of when the SHERIFF will return to put you out of your home. WHAT CAN I DO TO STOP THE SHERIFF FROM PUTTING ME OUT OF MY HOME?If you have a very strong reason why the SHERIFF should not put youout of your home, you should consider filing a paper with the Court called, Emergency Motion to Stay writ of possession . This is a request that theJudge stop the SHERIFF from putting you out. WHAT MUST BE IN THE EMERGENCY MOTION TO STAY writ OF possession ?The Emergency Motion must say four things: (1) the reasons you should not beput out by the SHERIFF ; (2) a request that the Judge to stop the SHERIFF fromputting you out; (3) a request that the Judge allow you to give you a hearing soyou can tell the Judge in person why you should not be put out, and to presentany evidence to support your request; and (4) that you faxed or hand delivereda copy of the Motion to the landlord or to the landlord s attorney.

3 The Emergency Motion to Stay writ of possession must give the reasons why the Sheriffshould not put you out. Some reasons may be:TYou never received a copy of any of the eviction or lawsuit papersexcept for the writ of need extra time to move because someone who lives in thehome is very sick or paid the landlord what you thought you owed him, and thereforeyou thought you could stay in the made an agreement with the landlord or his attorney to pay himwhat is owed, and to stay in the did not pay any rent money into the Court Registry because therental unit is in very bad DO I FILE THE EMERGENCY MOTION TO STAY writ OF possession ANDGET A HEARING?As soon as the writ of possession is served on you or posted on your door youmust file the Emergency Motion to Stay writ of possession , and also bring a copy of themotion to the Judge s chambers. The only person who can stop the SHERIFF Departmentfrom putting you out of your place is the Judge who ordered that the writ of Possessionbe issued.

4 File the Motion with the Clerk of the County Court at the Court where the case wasfiled. You must also hand-deliver a copy of the Motion to the Judge assigned to your case. If you do not know who the Judge is in your case or the Court, call Court Docketing at 305-275-1155. Give them your case number. They will tell you the Judge in your case and theCourt where the case was filed. You must also hand deliver or fax a copy of the Motion to the landlord or thelandlord s attorney. You must write in the Motion that you gave a copy of the Motion to thelandlord or to the landlord s you take the copy of the Motion to the Judge, ask the Judge s judicialassistant or the Clerk when you should contact the Judge to find out the Judge s decisionabout your Motion. WHAT DO I DO IF THE JUDGE AGREES WITH ME AND GRANTS THE MOTION?If the Motion is granted, ask the Clerk of the Court or the Judge s judicialassistant to fax a copy of the Judge s order granting your Motion to theSheriff s department.

5 This will stop the SHERIFF from coming back andputting you out of your house. Prepared by: Legal Services of Greater Miami, Inc. January 31, 2003